Interim arrangements

The short answer

Between separating and signing a final agreement there is usually a gap of months. What you do in that gap matters: courts often treat a stable interim parenting routine as the starting point later. Agree a short written interim arrangement covering the children's schedule, support, the home and bills, marked as temporary. If you cannot agree, or there is urgency, courts in Canada and the US can make interim or temporary orders, though in Ontario you usually need a case conference first.

The final agreement is months away. In the meantime, the children need a schedule, the mortgage still needs paying, and one of you may be living in a basement apartment wondering what you are allowed to ask for. Most couples drift through this period on unspoken assumptions, and that is where problems start.

This guide explains why the interim period matters more than it looks, what to put in a temporary arrangement, and how interim or temporary orders work in Canada and the US when you cannot agree. It is general information, not legal advice; rules vary by province and state.

Why the next few months matter

The status quo becomes the baseline

When a court sets parenting arrangements before trial, it often looks at what the children have been used to. Ontario law firm Mann Lawyers explains that judges at an interim motion often focus on the schedule leading up to separation, and that once parents enter an interim agreement or order, that becomes the status quo; whoever wants to change it before trial then has to show why. Courts are reluctant to keep changing schedules during a case, on the view that consistency is usually best for children.

Two practical warnings follow from the same source. A status quo is not created by one parent unilaterally withholding a child to gain an advantage, and courts take a dim view of that. But if one parent sets a new routine and the other does not object in a timely way, silence can be taken as agreement. There is no fixed time: in one case five months was not enough to set a status quo, in another ten months was. So if you disagree with an arrangement, say so in writing, early.

Both parents start equal

Until there is an agreement or order, the law generally treats both parents as having the same rights. The California courts' self-help guide says this directly: until you have a court order, both parents have the same rights, and neither has more right to have the children in their care. In Canada, the Divorce Act's best interests test applies to interim parenting orders as well as final ones, including the principle that a child should have as much time with each parent as is consistent with the child's best interests.

What to put in a written interim arrangement

A temporary agreement does not need to be long or perfect. It needs to be clear, dated, and labelled as interim and without prejudice to what either of you asks for later (see our glossary entry on without prejudice). Cover:

Children

the weekly schedule, including handover times and places;
holidays or events coming up in the next three months;
how you will communicate about the children, and how quickly you will reply;
who takes them to medical appointments, and how school is told.

FairWell's schedules by age guide can help you choose a pattern that suits the children's ages rather than the adults' convenience.

Money

Child support. In Canada, the base amount comes from the Federal Child Support Tables using the paying parent's income and province. The Justice Canada look-up uses the 2025 tables in effect from 1 October 2025. FairWell's calculators give a first estimate for Canada and US states. Paying the guideline amount from the start avoids arrears arguments later.
Spousal support, if one of you depends on the other's income.
Household bills: mortgage or rent, utilities, insurance, property tax, car payments, and who pays which.
Joint accounts and credit. Agree that neither will run up joint debt or move joint savings. See joint debt at separation.

The home and car

who lives where for now, and when the other can collect belongings;
who uses which vehicle;
that neither will sell, mortgage or remove major property without agreement.

Record the separation date in the same document. Our guide on why the separation date matters explains how much depends on it.

"Can we write down what we are doing for the next three months, so the kids have a routine and neither of us is guessing? It is temporary and it does not decide anything final."

"The kids are staying with me from now on. If you want to see them, get a lawyer."

Make it work day to day

A temporary arrangement only helps if both of you can live with it for a few months. A few habits keep it from becoming the next argument:

Set a review date, for example in eight or twelve weeks, so neither of you feels locked in and changes happen by agreement rather than by drift.
Keep a simple log of handovers, payments and any changes, with dates. If you later need a lawyer or a court, records are more persuasive than recollections.
Pay by traceable methods, such as e-transfer or bank transfer with a note, not cash.
Use one channel for logistics, such as a shared calendar or a co-parenting app, and keep it about the children. See business-like co-parenting.
Tell the children only what they need: where they will sleep, who picks them up, and that both parents are still their parents.

If either of you is unhappy with the arrangement, raise it in writing before the review date rather than changing things on your own.

When you cannot agree: interim and temporary orders

Canada

Courts can make temporary orders on almost every issue. Under the Divorce Act, a court can make an interim child support order (which must follow the Guidelines), an interim spousal support order, and an interim parenting order while the main application is decided. Provincial laws give similar powers for unmarried parents.

In Ontario, the Ministry of the Attorney General's guide to family court explains that a temporary order is requested by bringing a motion, for example for temporary child support or a temporary parenting schedule. Temporary orders stay in place until a different temporary order or a final order. But in most cases you must attend at least one case conference first. The exceptions are limited: urgency, such as immediate risk to your or your child's safety, and hardship, such as support needed for basic shelter and food. If a judge decides a motion before a conference was not necessary, you can be ordered to pay the other side's costs.

In Quebec, Éducaloi explains that getting a trial date can take months or even a year or more, so a spouse can ask for a safeguard order for urgent situations, valid for up to six months and renewable, or provisional measures for non-urgent issues until the divorce is decided.

In BC, the Supreme Court can make temporary orders about the family residence, and on a spouse's application must restrain the other from disposing of property in dispute unless that spouse shows the claim will not be harmed.

United States

The Oregon Judicial Department's description is typical. After a divorce or custody petition is filed, either party can file a motion for temporary orders, for example for child or spousal support or temporary use of property. They take effect when signed and last until changed, until the final judgment, or until the case is dismissed. Oregon also has a status quo order, which stops either parent changing the children's normal schedule, interfering with the other's parenting time, or changing where the children live; "normal schedule" means the three months before the request. There are separate emergency processes where children are in immediate danger.

In California, temporary orders are requested with a Request for Order (form FL-300). Temporary emergency orders last only until the hearing, and the court may order the parents to attend mediation before a custody hearing.

When to go to court quickly

You or the children are not safe. Call 911 in an emergency, and see our safety planning guide.
A parent has taken the children and will not return them, or is threatening to leave the province, state or country.
Money is being moved, property listed for sale, or joint credit run up.
No support is being paid and you cannot cover rent and food.

When to get professional help

A lawyer can review an interim agreement in an hour or two and spot terms that could hurt you later, especially on parenting time. If you cannot agree, a mediator can often settle a temporary arrangement faster than a court. The FairWell directory lists both. When you are ready to move from temporary to final, Separation Agreement Prep helps you both build on what is working.

This guide is general information, not legal advice. Family law differs by province and state and changes over time. Confirm your position with a lawyer where you live before relying on it.

Sources

Common questions

Does the arrangement we use now affect the final outcome?

It can, especially for parenting. Courts often treat a stable routine, or an interim agreement, as the status quo, and are reluctant to change it before trial without good reason. If you disagree with an arrangement, say so in writing early.

Should we pay child support before anything is signed?

Usually yes. Paying the guideline amount from the start keeps children's needs met and avoids arrears disputes later. In Canada the base amount comes from the Federal Child Support Tables based on the paying parent's income and province.

Can I just keep the children with me until it is sorted out?

Until there is an agreement or order, both parents generally have equal rights. Withholding children to gain an advantage tends to count against the parent who does it. If there is a genuine safety concern, get legal advice and ask a court for an urgent order.

How do I get a temporary order if we cannot agree?

In Canada you bring a motion; in Ontario you usually need a case conference first unless the matter is urgent or causing hardship. In the US you file a motion for temporary orders after the petition, for example a Request for Order in California.

Is an interim agreement binding?

It records what you have agreed for now, and courts may treat it as the status quo. Label it as temporary and without prejudice, and have a lawyer look at it before signing if parenting time or significant money is involved.

Turn a temporary routine into a plan

The Parenting Plan Builder helps you set a schedule, handovers and communication rules you can use now and build on later, with age-based options and review clauses.

Build a parenting plan

This guide is general information for parents, not medical, psychological or legal advice. It draws on published research and guidance from recognised health and family justice bodies, listed under Sources. Every child and family is different. If you are worried about your child or yourself, talk to your family doctor or a qualified professional. FairWell can help you find one through the professional directory. How we write and check our guides.